Connecticut Divorce Laws

Who Can File for Divorce in Connecticut?

As you might expect in the Constitution State, divorce law in Connecticut is fairly simple and straightforward. You can file for divorce in Connecticut if:

• You or your spouse has resided in the state for the previous twelve months
• You or your spouse lived in Connecticut while married and as returned to the state, before the filing, with the intention of residing permanently in Connecticut
• The cause for filing divorce occurred after either party moved to Connecticut

If you or your spouse is in the military, and lived in Connecticut before joining the military, that person is considered a resident of Connecticut for purposes of divorce law.

Grounds for Divorce in Connecticut

There are both no-fault and fault grounds for divorce in Connecticut.

The no-fault grounds for divorce are:

• The marriage has broken down irretrievably
• The parties have lived apart, due to incompatibility and irreconcilable differences, for the previous 18 months and there is no reasonable expectation of reconciliation

Fault grounds for divorce in Connecticut are:

• Adultery
• Fraudulent contract
• Willful desertion with total neglect of duty, for one year
• Seven years' absence without contact
• Habitual drunkenness
• Intolerable cruelty
• Conviction of a felony
• Incurable insanity

In the case of habitual drunkenness, the cause of action must be proved to have happened until the time of the separation, not necessarily until the time of filing.

Property Distribution in Connecticut Divorce Law

Connecticut is an equitable distribution state. The court will distribute the property fairly if the parties are unable to agree on a settlement. In determining fairness, the court will consider the economic situations of both spouses, as well as the length of the marriage. Only marital property will be included, and separate property such as assets owned before marriage and individual inheritances and gifts will not be included. In determining the property distribution, if the parties cannot agree, the court will consider many factors, including the current and future economic situations of each spouse, and how long the marriage has lasted.

Connecticut Divorce Law and Spousal Support

Alimony, technically known as spousal support, is not automatic in divorce, in Connecticut or elsewhere. The court will award spousal support in situations where one spouse would be economically disadvantaged, with consideration for such factors as inability to earn a living and having financially supported a spouse's education. Spousal support is always decided on a case-by-case basis.

Child Custody in Connecticut Divorce Cases

Connecticut has a parenting education program designed to help parents, married and unmarried, understand "the impact on children of restructuring families." The program is established under Connecticut Law Section 46b-1.

In child custody decisions, the court will issue a custody order if the parents cannot come to an agreement. The court will act in the best interests of the children, taking into account the child's age and wishes, as well as the parents' participation in the parenting education program.

The court may also appoint counsel for the children to act as the children's legal representation and to be heard on matters involving the interest of the children, including

• Custody
• Care
• Support
• Education
• Visitation

Connecticut Family Law and Child Support

Connecticut child support guidelines follow the Income Shares Model, and the court will determine child support using the guidelines, which use the parents' monthly incomes in determining the distribution and amount of child support payments. The court may make exceptions to the guidelines as deemed necessary due to circumstances.

Find a Connecticut Divorce Lawyer

Looking for a divorce lawyer licensed in Connecticut and able to help you through this difficult process? Divorce is both a personal process and a business transaction, and you need a qualified Connecticut divorce lawyer to help you get the best settlement. Act now to get a referral to a qualified divorce lawyer in Connecticut.